CIVIL DIVISION
DISTRICT OF COLUMBIA :
Libellant, :
: Civil Action No.
v. : 9557-87
:
$790 IN UNITED STATES :
CURRENCY, :
(Kevin Lydell Attaway) :
CLAIM AND ANSWER OF EVELYN ATTAWAY
The claim and answer of the Respondent, Evelyn A. Attaway, who intervenes
for return of $1000 in United States currency, belonging to her, which
was seized from the trunk of her car by District of Columbia police on
November 27, 1986, and which forms the subject matter of the instant action,
alleges as follows:
1. Respondent admits the allegations in paragraph one, that, on November
27, 1986, in the 1300 block of Belmont Street N.W. in the District of Columbia,
officers of the Metropolitan Police Department seized United States currency
from the trunk of her car, which was being driven by her son, Kevin Lydell
Attaway. She disputes the government's allegations about the amount seized,
the amount being $1000 rather than the $790 alleged by the government.
She denies that the money was legally seized. She also denies that the
money was used or intended for use in violation of the laws of the District
of Columbia. She is without sufficient knowledge to admit or deny the allegation
that the money is in the custody of the Property Clerk of the Metropolitan
Police Department.
2. Respondent denies the allegation of paragraph two, that this suit
is authorized by the D.C. Uniform Controlled Substances Act, D.C. Code
Sec. 33-552.
First Defense
3. The libel fails to state a claim upon which relief can be granted.
Second Defense
4. There were no offenses alleged in the incident in which the money
was seized which would give rise to probable cause to believe the money
was used or intended for use in violation of the Uniform Controlled Substances
Act.
Third Defense
5. This libel of information must be dismissed, pursuant to United
States v. $8,850 in United States Currency, 461 U.S. 555 (1983), because
the unreasonable and unjustified delay between the seizure of the money
and the bringing of this libel action deprived Respondent of Due Process
of Law.
Fourth Defense
6. The stop of the car and the search of its trunk, which resulted in
the seizure of the money, was made without probable cause and in violation
of the warrant requirement of the Fourth Amendment to the United States
Constitution, and therefore any evidence recovered as a fruit of the illegal
stop and search must be suppressed in this action, pursuant to One 1958
Plymouth Sedan v. Pennsylvania, 380 U.S. 693 (1965).
First Counterclaim
7. The illegal seizure of Respondent's money and its continued detention
despite Respondent's efforts to secure its return deprived Respondent of
her civil rights under color of District of Columbia law, for which she
counterclaims for damages and attorneys fees pursuant to 42 U.S.C. Sec.
1983 and the Equal Access to Justice Act, 28 U.S.C. Sec. 2412.
Second Counterclaim
8. The lengthy period of time respondent's money has been illegally
withheld from her has resulted in the loss of its use in respondent's business
and personal affairs, for which she seeks reasonable interest.
Third Counterclaim
9. Libellant's attorney's institution of this libel action was not founded
on knowledge and a good faith "belief formed after reasonable inquiry [that]
it is well grounded in fact and is warranted by existing law or a good
faith argument for the extension, modification, or reversal of existing
law." Therefore, respondent counterclaims, pursuant to Superior Court Civil
Rule 11, for sanctions including reasonable expenses and attorney fees
in defending this suit.
WHEREFORE, Respondent prays:
1. That this action be dismissed for lack of subject matter jurisdiction;
2. That the subject money be returned to her immediately, with interest
from the date of detention; and
3. That she be awarded attorneys fees and costs for bringing this action,
pursuant to the Equal Access to Justice Act, 28 U.S.C. Sec. 2412, or in
the alternative, pursuant to Rule 11 of the Superior Court Civil Rules.
injuries proximately caused by the deprivation of the use of the money;
and
4. For such other and further relief as may be deemed just and equitable.
DISTRICT OF COLUMBIA, ss:
Evelyn A. Attaway, being first duly sworn on oath says the foregoing
is a just and true statement of the facts and circumstances of the case
and the amount owing by libellant to respondent.
_________________________
EVELYN ATTAWAY
Respondent
Subscribed and sworn to before me this _____ day of ________,
1988.
_________________________
NOTARY PUBLIC, D.C.
My commission expires_________________.
________________________
BY: Brenda Grantland
419 7th Street N.W.
Suite 401
Washington, D.C. 20004
(202) 393-8398
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Claim and Answer to Libel
was served, by mail, upon Ernest Franklin, Assistant Corporation Counsel,
Room 300, 451 Indiana Ave. N.W., Washington, DC 20001, this _____________
day of ______________________, 1988.
_________________________
Brenda Grantland